Terms of Service

These Terms of Service ("Terms") govern your access to and use of the websites, applications, and online services operated by BuilderWarden, including:

• the BuilderWarden Ownstead (our home design and estimation application);
• the BuilderWarden Pre-Construction Portal at builderwarden.dev (client journey, property catalog, and client portal);
• the BuilderWarden OS buyer portal and any builder-facing applications we make available; and
• any related sites, tools, and features that link to these Terms (collectively, the "Services").

By creating an account, purchasing a plan, or otherwise using the Services, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services.

Important: These Terms govern your use of our online Services only. Any construction, pre-construction, design, or related professional services are governed exclusively by separate written agreements (including any Construction Agreement or engagement agreement) signed by you and the applicable BuilderWarden entity. If there is a conflict between these Terms and a signed Construction Agreement, the signed agreement controls with respect to its subject matter.

You must be at least 18 years old and capable of forming a binding contract to use the Services. The Services are not directed to children, and we do not knowingly collect information from anyone under 18. If you use the Services on behalf of a business (for example, as a builder partner), you represent that you are authorized to bind that business, and "you" includes that business.

You are responsible for the accuracy of the information you provide, for maintaining the confidentiality of your credentials, and for all activity under your account. Notify us immediately at legal@builderwarden.live of any unauthorized use. We may suspend or terminate accounts that violate these Terms or present a security risk.

• Ownstead lets you describe your goals and preferences and generates AI-assisted floor-plan concepts, specification summaries, and preliminary cost estimates, and lets you request an introduction to our concierge team.
• Pre-Construction Portal provides a staged client journey (our "gates"), including discovery, commitment, budget verification, and design development, culminating — for qualifying clients — in a separately signed Construction Agreement. It also includes a catalog of properties.
• Buyer Portal provides clients with visibility into their project's status, milestones, documents, and communications.

We may modify, add, or discontinue features at any time. Where a change materially reduces the core functionality of a paid plan you have purchased, we will provide notice and, where required by law, a pro-rated refund.

Certain features require payment. Prices, plan contents, and billing terms are presented at checkout and are processed by our payment provider (currently Stripe); we do not store full payment card numbers. Unless stated otherwise at purchase: (a) fees are in U.S. dollars and exclusive of taxes, which you are responsible for; (b) purchases of digital deliverables (such as design concepts, specification summaries, and estimates) are final once generation has begun, except where a refund is required by law or expressly offered; and (c) we may correct pricing errors. Amounts payable under a signed Construction Agreement — including any platform, project-management, or construction fees — are governed by that agreement, not these Terms.

The Ownstead and related features use artificial intelligence to generate floor-plan concepts, specifications, imagery, and estimates ("Design Outputs"). You acknowledge and agree that:

1. Design Outputs are conceptual and illustrative only. They are not architectural drawings, engineering documents, construction documents, or permit-ready plans, and they have not been prepared, reviewed, or stamped by a licensed architect or engineer unless expressly stated in a signed agreement.
2. Estimates are preliminary and non-binding. Actual costs depend on site conditions, design development, selections, market pricing, and other factors, and will be established only in a signed Construction Agreement or written proposal.
3. Do not rely on Design Outputs for construction, permitting, financing, or purchase decisions without verification by appropriately licensed professionals.
4. AI systems can produce inaccurate, incomplete, or infeasible output. You are responsible for evaluating Design Outputs before relying on them.

Property information in our catalog is provided for informational purposes only. Listings are not offers to sell real property, and prices shown (including "illustrative" ranges) are estimates that may change or be withdrawn at any time. Lot facts (such as acreage, zoning, setbacks, utilities, and entitlement status) are provided in good faith from sources we consider reliable but are not guaranteed and must be independently verified before any transaction. BuilderWarden is not acting as a real estate broker or salesperson through the Services, and nothing in the Services constitutes brokerage, legal, tax, lending, or investment advice.

Progression through our pre-construction gates is at our discretion and does not obligate either party to enter into a Construction Agreement. If you participate in budget or financial verification, you agree to provide accurate information and authorize us to review the documentation you submit for the purpose of evaluating project feasibility. We do not provide lending, credit repair, or financial advice; any financing is between you and your lender.

You consent to transact electronically, including signing agreements through our e-signature providers (currently SignWell and DocuSign), and you agree that electronic signatures and records have the same force as ink signatures under the U.S. ESIGN Act and applicable state law. You consent to receive transactional and service communications by email; marketing emails include an unsubscribe mechanism, and you can opt out at any time without affecting service messages.

You retain ownership of the content you submit (such as design inputs, documents, and photos) ("User Content"). You grant us a worldwide, non-exclusive, royalty-free license to host, process, reproduce, display, and create derivative works of User Content solely to operate, provide, secure, and improve the Services and to perform our agreements with you. You represent that you have the rights to submit your User Content and that it does not violate law or third-party rights.

As between you and us, and conditioned on payment of applicable fees, we grant you a non-exclusive, perpetual license to use Design Outputs generated for you for your personal, non-commercial evaluation and — if you proceed with us — for your project. BuilderWarden retains all rights in the Services, our software, templates, prompts, model configurations, and any content other than your User Content. Due to the nature of AI generation, similar outputs may be generated for other users, and we make no promise of uniqueness.

You agree not to: (a) violate law or third-party rights; (b) upload malicious code or interfere with the Services; (c) attempt to access accounts, data, or systems without authorization; (d) scrape, harvest, or bulk-extract data (including property data) except as we expressly permit; (e) reverse engineer or circumvent technical or usage limits; (f) misrepresent your identity, financial position, or authority; (g) use the Services to build a competing product; or (h) resell the Services without our written agreement. We may investigate violations and suspend or terminate access.

The Services interoperate with third-party services (for example, payment processing, e-signature, mapping, and hosting providers). Your use of those services may be subject to their own terms, and we are not responsible for third-party services we do not control.

Licensed builders participate in our network under separate written partner agreements (including subcontract, insurance, and compliance requirements). Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and BuilderWarden.

The Services and all content (including Design Outputs and property information) are provided "as is" and "as available," without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, title, non-infringement, accuracy, or uninterrupted availability. This section does not limit any warranty expressly set out in a signed Construction Agreement, and does not affect warranties that cannot be disclaimed under applicable law.

To the maximum extent permitted by law: (A) neither party will be liable for indirect, incidental, special, consequential, or punitive damages, or lost profits, revenue, data, or goodwill, arising from or relating to the online Services; and (B) our total liability arising from or relating to the online Services will not exceed the greater of (i) the amounts you paid us for the Services in the 12 months before the claim and (ii) US $100. These limits do not apply to a party's gross negligence, willful misconduct, or liability that cannot be limited by law, and do not limit liability allocated under a signed Construction Agreement.

You will defend and indemnify BuilderWarden and its officers, directors, employees, and agents from claims arising out of your User Content, your violation of these Terms, or your violation of law or third-party rights, except to the extent caused by our own misconduct.

Please read this section carefully; it affects your rights.

• Informal resolution first. Before filing a claim, you agree to email legal@builderwarden.live with a description of the dispute and give us 30 days to resolve it informally.
• Binding arbitration. Except as set out below, any dispute arising out of or relating to these Terms or the online Services will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, in Travis County, Texas or remotely by videoconference.
• Exceptions. Either party may bring an individual claim in small-claims court, or seek injunctive relief in court for intellectual-property misuse or unauthorized access. Disputes arising under a signed Construction Agreement are governed by that agreement.
• Class action waiver. Disputes will be resolved only on an individual basis; class, collective, and representative actions are waived to the fullest extent permitted by law.
• Opt-out. You may opt out of arbitration by emailing legal@builderwarden.live within 30 days of first accepting these Terms.

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-laws rules. Where arbitration does not apply, the state and federal courts located in Travis County, Texas have exclusive jurisdiction, and the parties consent to venue there. Signed Construction Agreements may specify the law of the project's location for construction matters, and that choice controls for those matters.

You may stop using the Services or delete your account at any time. We may suspend or terminate access for breach, risk, or legal reasons, with notice where practicable. Sections that by their nature should survive (including Sections 6, 7, 10–11, 15–19, and 21) survive termination. Termination of these Terms does not terminate any signed Construction Agreement, which continues under its own terms.

These Terms, together with the Privacy Policy and any order or checkout terms, are the entire agreement regarding the online Services. We may update these Terms; material changes will be notified by email or in-product notice, and continued use after the effective date constitutes acceptance. If any provision is unenforceable, it will be limited to the minimum extent necessary and the remainder will remain in effect. We may assign these Terms in connection with a merger, acquisition, or sale of assets. Our failure to enforce a provision is not a waiver.

BW-J2 Inc. d/b/a BuilderWarden
1408 Waterloo Shore Lane, Austin, Texas 78741
legal@builderwarden.live